The Challenges of Special Education in San Mateo County, and How Legal Aid is Addressing Them

Blog author Iliana Arbeed

Recently, I accompanied Legal Aid attorney Michelle de Blank to an Individualized Education Plan (IEP) meeting for a six year old boy I’ll call “Jonathan.” Jonathan has ADHD, a disorder that hinders his ability to learn in a large classroom setting despite his average cognitive capabilities. Although he struggles at school, many children like him flourish with appropriate intervention and assistance in the classroom.
 
Students with disabilities are guaranteed a Free Appropriate Public Education (FAPE) under a federal law called the Individuals with Disabilities Education Act (IDEA). IDEA includes provisions for an IEP, under which a team of individuals involved in the child’s care and education convene to set educational guidelines based on the child’s individual needs. To qualify for an IEP with special services under IDEA, a child must have one of the thirteen disabilities listed in the statute.
 
Since IDEA’s enactment in 1975, the number of children and youth (aged 3-21) diagnosed with learning disabilities has steadily increased. According to the National Center for Education Statistics, around 13% of all children and youth enrolled in public school in 2015 had disabilities that qualified them for IDEA services. Learning disabilities are even more prevalent among children who experience some degree of trauma or poverty, which affect nearly all of Legal Aid’s clients.   
 
Even if children qualify for IDEA, school districts do not always provide them with the services they need to make it through school. Thus, Legal Aid steps in to ensure that school districts are doing their job in providing the appropriate services to their students with disabilities. A significant portion of that work involves making sure that parents’ voices are heard throughout the IEP process, so they do not have to struggle to feel involved in their child’s education. Our attorneys ensure that each parent is educated about their child’s rights, and their concerns presented and taken seriously during IEP meetings before any decisions are made.
 
Since the majority of Legal Aid’s clients are not English-speaking, they are less able to access information about the laws that protect their children, leaving them at a disadvantage during IEP meetings. Even at meetings where an interpreter is present, there remains a barrier to direct communication that creates a feeling of detachment from the process, preventing parents from raising questions of their own. For example, in the meeting I attended, I noticed repeatedly that the interpreter could not keep up with the discussion through no fault of her own, and failed to communicate everything that was being discussed. More often than not, it felt as though Jonathan’s mother was not even there. Thankfully, Michelle’s ability to speak Spanish allowed her to communicate directly with Jonathan’s mother, enabling her to be more involved in the process.
 
Even if they do not face the added challenge of a language barrier, many parents remain silent during IEP meetings while other parties decide the best course of action for their child. With so many voices and opinions at these meetings—between the child’s therapist, psychiatrist, teachers, and health care providers—it  can be difficult for any parent to get a word in edgewise. During the meeting I attended, the mother did not voice her consent to the IEP or her personal insight about Jonathan’s condition until prompted and encouraged by Michelle.
 
Even if they disagree with the outcome of an evaluation or IEP, parents often feel pressured to sign special education agreements without voicing their concerns. Without legal advocacy, many parents are observers in their child’s education process, when they should be participants. Understanding the importance of early intervention in special education, Legal Aid attorneys like Michelle work closely with parents to ensure that students with disabilities in San Mateo County are not underserved. 

A Beacon of Hope for Immigrants in the Bay Area

Blog author Iliana Arbeed

En español aqui

"I don't want to take any risks," explains a 52-year-old immigrant mother fearing deportation, when asked by the Associated Press why she felt it was necessary to drop her teenage daughter, a U.S. citizen, from the food stamp benefit she relied on. 

Fears of deportation plague immigrant families in our community and across the United States, as chilling stories of ICE raids and families being forcefully separated circulate through the media. These fears are at a high in California, where the U.S. Census Bureau states that the immigrant population is twice the national average. The Bureau also found that here in San Mateo County, more than one third of the approximately 750,000 residents are foreign-born. Of the estimated 7.6% of these residents who are unauthorized, the Migration Policy Institute recorded that more than half have lived in the U.S. for over ten years, over 70% are employed, and many have U.S. citizen children. 

Despite the fact that immigrants are deeply integrated into our communities--as friends, coworkers, peers, husbands, wives, mothers, and fathers--many still lack knowledge about their legal rights. All immigrants, documented or undocumented, are eligible under federal law for basic services such as emergency health care. However, even if they are aware of these rights, they are increasingly afraid to pursue them--even for their U.S.-born children. 

Legal Aid's Linking Immigrants to Benefits, Resources, and Education (LIBRE) Project is a catalyst for action at a time when many are paralyzed by their fear of the government. When negative rhetoric towards immigrants is perpetrated by the highest of government officials, LIBRE represents a voice of compassion and justice for immigrants and their families. 

LIBRE is a collaborative between the Legal Aid Society of San Mateo County and six other organizations in San Mateo County: Redwood City 2020, Nuestra Casa, Coastside Hope, Ravenswood School District, Redwood City School District, and the San Mateo County Human Services Agency. Its aim is to ameliorate the barriers that prevent immigrants from asserting their rights and accessing basic services. To accomplish this task, LIBRE connects immigrants and their families with various resources in their communities such as healthcare facilities, community centers, and other support services, to help them obtain the benefits for which they are eligible.

Immigrants turn to LIBRE because it is known in the community as a trusted source of accurate information, in a day and age where it is increasingly difficult to separate fact from fiction. For example, a common myth among immigrant families is that applying for any government benefits will label them as a "public charge," which will negatively affect their immigration status in the future. In reality, "public charge" is a term only for certain immigrants who are applying for legal permanent residence status, and who the government deems likely to rely on specific cash benefits. Obtaining non-cash benefits, such as Medicare or Food Stamps, does not raise public charge issues. Through outreach efforts like presentations at local community centers, LIBRE works to ensure that immigrants know these myths are false. LIBRE educates immigrant families about the benefits for which they are eligible, and whether their immigration status will be affected.

The opportunity for immigrants to receive these benefits is not about taking resources away from U.S. citizens, and it is not about free-riding off the government. It is about accessing the basics of life--food and health care--that every human being needs in order to survive and to be a contributing member of society. Legal Aid attorneys and their LIBRE partners do not assist individuals in thwarting the law. They assist pregnant mothers who need prenatal care to give birth to a healthy child, developing children whose parents cannot afford to feed them, and ill grandparents who could die from the flu without basic medical services. 

Recently, I had the privilege of attending a LIBRE conference and experiencing these efforts firsthand. The conference was composed of representatives from each organization that makes up LIBRE, who convene regularly to discuss their work. Going into the conference, what I expected to see was a group at least somewhat discouraged by the growing difficulty of advocating for immigrants in today's tumultuous political environment. However, what I observed was a community of individuals passionately continuing to work against those obstacles. 

Rather than feeling defeated, the members of LIBRE seem imbued with a renewed sense of purpose, inspired to do their job even better and to work even harder. I watched as they raised questions, shared experiences, addressed obstacles, and formed solutions as a group. LIBRE's clients need them now more than ever, and it is clear from what I observed that LIBRE has no intention of backing away from the challenges ahead. Remaining committed to serving its clients no matter what, LIBRE is a beacon of hope in a time of great uncertainty for one of the largest immigrant communities in the country.  

To learn more about LIBRE, visit their website: http://www.thelibreproject.org/.

Protecting Senior Citizens from Abuse: What I Learned from Senior Advocate Attorney Joshua Grossman

Blog author Iliana Arbeed

En espanol aqui

Despite the fact that respect for a society’s elders is a shared value across cultures worldwide, the issue of elder abuse persists. As I learned this week with Senior Advocate Attorney Joshua Grossman, seniors are among the most frequently exploited and neglected members of our community.
 
The California Welfare and Institutions Code defines elder abuse as physical abuse, neglect, financial abuse, abandonment, isolation, abduction or other treatment resulting in physical harm, pain, or mental suffering. This definition also includes the deprivation by a care custodian of any goods or services that the senior needs in order to avoid physical harm or mental suffering. 
 
According to the Bureau of Justice, over 2,150,000 elder abuse cases are opened each year. In a 2017 study by the National Center on Elder Abuse, it was found that 68% of Adult Protective Service cases are responses to instances of elder abuse. What is even more striking is that 66% of those abuse cases are perpetrated by the senior’s own children or spouse.
 
Based on projections from the State of California Department of Finance, our senior population here in San Mateo County is expected to grow by over 70% by 2030. The District Attorney’s Office states that elder abuse—both physical and financial—is one of the fastest growing crimes in our county.
 
Although elder abuse remains a prevalent issue, an alarming amount of cases go unreported. Victims may not report abuse because of their relationship to the abuser, because of their diminished capacity to understand that they are being mistreated, or simply because they are afraid. For every reported case of elder abuse, it is estimated that as many as 24 cases go unreported.
 
As a Seniors Advocate Attorney, Josh describes the initiative taken at Legal Aid to fight elder abuse. He explains, “At Legal Aid, we are constantly educating seniors about their right to live free from all forms of abuse. We explain the options available to them, including how to pursue legal action and how to utilize the community resources available to keep them safe.”
 
In his work at Legal Aid, Josh deals with a variety of tragic elder abuse cases. During our conversations, he shared a story of one of his cases.
 
“Martha,” a 67 year old woman with incapacitating back and hip problems, lives on a fixed income and shares a home with her adult son, a strong man who does not contribute to the household income. He is mentally unstable, and is frequently angry and abusive toward his mother.
 
In a fit of rage one day, Martha’s son forcefully pushed her over in the kitchen, losing his own balance and landing on top of her. He fled, leaving Martha alone on the kitchen floor in severe pain. Martha managed to get herself to a hospital, where nurses alerted the police. Soon after, Martha’s son was arrested for elder abuse and incarcerated. On top of the physical violence toward his mother, Martha’s son had set fire to parts of the home, forcing her to stay in a hotel while the city assessed the property damage. After her release from the hospital, a social worker with San Mateo County Adult Protective Services referred Martha to Legal Aid. 
 
Because Martha was unable to reach Legal Aid’s offices, Josh met with her at the hotel where she was staying. Martha told Josh that she constantly feared for her safety. She was very worried that her son was infuriated by the arrest, and would come after her as soon as he was released from jail. Martha needed help fast.
 
Josh explained to Martha that the law could protect and free her from a life of violence and fear. He explained the legal options available to keep her safe, including the right to a temporary restraining order to protect her after her son was released from jail, and while his elder abuse case was pending.
 
Josh prepared a petition for an elder abuse restraining order, and represented Martha at the hearing two weeks later. The judge issued a three-year protective restraining order for Martha. With her protective order, Martha can now live without the constant fear of being harmed, and is able to recover in the safety of her own home.
 
Extreme situations like Martha’s are not uncommon. However, elder abuse occurs on many levels, which is why Legal Aid does more than just intervene in extreme cases.
 
Beyond achieving justice for severely abused seniors like Martha, Legal Aid reaches out to the senior community—in collaboration with government social workers and other nonprofit partners—in order to inform seniors of their legal rights proactively. In my time spent with Josh in Senior Advocacy, I observed firsthand the depth of Legal Aid’s outreach and community impact. Our community work allows us to respond to the growing problem of elder abuse, restoring both safety and dignity to seniors experiencing any form of mistreatment. 

Legal Aid from the Inside: An Intern's Experience

Blog author Iliana Arbeed

My name is Iliana Arbeed, and I'm a member of the Class of 2019 at the University of Southern California, studying Politics, Philosophy, and Law with a minor of study in International Relations, and a pre-law professional emphasis. 

This summer, I'm working as a Communications Intern for the Legal Aid Society of San Mateo County, conducting policy research and investigating its implications for Legal Aid's clients. My day to day work includes a combination of research and work with attorneys as they assist their clients. My hope is to draw meaningful connections between large-scale politics and their effect on low-income residents of San Mateo County, identifying key issues and communicating what Legal Aid does to address them.